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Regulations of Connecticut State Agencies (Last Updated: June 14,2023) |
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Title45 Probate Courts and Procedure [Repealed] |
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SubTitle45-70g-1_45-70g-16. Requirements for Appointment of the Commissioner on Aging as Conservator of the Estate for Certain Elderly Individuals |
SubTitle45-70g-1_45-70g-16. Requirements for Appointment of the Commissioner on Aging as Conservator of the Estate for Certain Elderly Individuals
| Sec. 45-70g-1—45-70g-4. [Repealed] |
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Latest version.
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Repealed December 10, 1990. |
| Sec. 45-70g-1a. Definitions |
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Latest version.
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As used in Sections 45-70g-1a through 45-70g-7, inclusive, of the Regulations of Connecticut State Agencies, the following definitions apply: (a) "Available Appropriations" means funds, if any, appropriated by the General Assembly to the Department on Aging to carry out the purposes of Section 45-70g of the Connecticut General Statutes. (b) "Commissioner" means the Commissioner of the Department on Aging. (c) "Conservator" means conservator of the estate as defined in Section 45-70a of the Connecticut General Statutes as amended. (d) "Department" means the Department on Aging. (e) "Designee" means any employee of the Department selected by the Commissioner to act on her or his behalf as conservator of the estate under Section 45-70g (b) of the Connecticut General Statutes. (f) "Incapable of managing his or her affairs," "respondent" and "ward" are defined in accordance with Section 45-70a of the Connecticut General Statutes. (g) "Institution" means any state-operated or private residential facility including a chronic disease hospital, general hospital, psychiatric hospital, intermediate care facility for the retarded, hospice or any chronic and convalescent facility or rest home with nursing supervision as defined by Section 19a-521 of the Connecticut General Statutes. (h) "Liquid Assets" means all resources readily convertible into cash, excluding real property, and including but not limited to cash, bank accounts, stocks, certificates of deposit, credit union shares, present interests in estates, the cash value of life insurance, and the cash value of burial insurance in an amount over $1,500. (i) "Real Property" means land property, the natural resources therein, and improvements thereon. For the purposes of Sections 45-70g-1a to 45-70g-4a, inclusive, real property does not include a mobile home unless the mobile home is permanently affixed to real property which is intended to be sold along with the mobile home. (j) "Suitable Conservator" means any person, municipal or state official, or private profit or non-profit corporation, except a hospital or nursing home, as defined in Section 19a-521 of the Connecticut General Statutes found appropriate by the Probate Court. |
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(Effective December 10, 1990) |
| Sec. 45-70g-2a. Eligibility standards for the commissioner on aging to serve as conservator |
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Latest version.
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The Commissioner shall accept appointment as conservator of the estate of any respondent 60 years of age or older, within available appropriations and subject to the following conditions and limitations: (a) The Court of Probate must find that the respondent is incapable of managing his or her affairs. (b) The Court of Probate must find that the health or welfare of the respondent is in jeopardy without such appointment, based on evidence showing (1) That the respondent has property rights which will be wasted or dissipated unless proper management is provided, or (2) That funds are needed for the support, care or welfare of the respondent and the respondent is unable to take the necessary steps to obtain such funds. (c) The Court of Probate must find that, despite duly diligent efforts, no other suitable conservator can be found. (1) The Commissioner is the conservator of last resort. The availability of family, attorneys, friends, town and state officials, town social service providers, state social service providers, the Department of Administrative Services under Section 4a-15 of the Connecticut General Statutes and any other appropriate persons, to serve as conservator must be fully explored and exhausted by the person petitioning the court for a conservator before the Commissioner is authorized to serve as conservator, within available appropriations. (2) The Commissioner may not serve as conservator if a member of the respondent's family or another person is available, qualified and willing to serve. (d) The respondent's liquid assets must not exceed the asset limit specified in Section 45-70g (a) of the Connecticut General Statutes as amended. In determining eligibility for the Commissioner's service as conservator, a respondent's liquid assets shall be disregarded to the extent that they are required to pay outstanding bills incurred by the respondent. (e) The Commissioner shall not accept appointment as conservator for any respondent who is placed in a Connecticut institution by a government agency of another state. |
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(Effective December 10, 1990) |
| Sec. 45-70g-3a. Application and determination of appointment |
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Latest version.
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(a) Any application for conservator which requests appointment of the Commissioner as conservator shall have attached thereto a sworn affidavit setting forth the efforts made to find a suitable conservator, conditions which place the health or welfare of the respondent in jeopardy, and a representation that the liquid assets of the respondent do not exceed the asset limit specified in Section 45-70g of the Connecticut General Statutes, as amended. (b) Upon receiving an application for conservator which requests appointment of the Commissioner as conservator, or an application concerning which the Court of Probate determines prior to hearing that the Commissioner may be appointed as conservator, a copy of said application, including the information required by Subsection 45-70g-3a (a) above, must be sent by the Court of Probate to the Commissioner or his or her designee, within five (5) days excluding Saturday, Sunday and holidays. A notice of the hearing shall be provided to the Commissioner or the designee at least five (5) business days prior to the hearing date. The Commissioner or the designee may request such additional information as may be necessary to determine eligibility for his or her appointment either through the Court of Probate or directly from the petitioner. At the hearing the Commissioner or the designee may accept or decline the appointment in accordance with these regulations. (c) If an application for conservator is received which does not request appointment of the Commissioner as conservator, and the Court of Probate cannot determine prior to the hearing that the Commissioner may be appointed as conservator but after a hearing makes a determination that the statutory and regulatory requirements for appointment of the Commissioner have been met, and such appointment is proposed, the Court of Probate shall give the Commissioner or the designee notice of not less than five (5) business days of its intention to appoint. The Commissioner or designee may request additional information from the Court of Probate in order to determine whether to accept or decline the appointment in accordance with these regulations. (d) The appointment of the Commissioner as conservator shall be effective as of the date the Commissioner or the designee accepts the appointment in writing. (e) Service by the Commissioner as conservator is contingent upon the availability of appropriated funds. The Commissioner will suspend acceptance of appointments as conservator when he or she determines that the Department has reached its maximum capacity, and that adequate conservator services for new applicants cannot be provided within the limits of available appropriations. At that time, the Commissioner will send a notice in writing of such determination to the Probate Court Administrator requesting that all Courts of Probate be notified that the Commissioner will no longer accept conservatorship appointments. The suspension will remain in effect until the Commissioner notifies the Probate Court Administrator in writing that such appointments will again be accepted. |
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(Effective December 10, 1990) |
| Sec. 45-70g-4a. Duties of conservator |
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Latest version.
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(a) Upon the Commissioner's appointment as conservator of the estate, the Commissioner or the designee shall undertake to complete an inventory of the estate which shall be filed with the Court of Probate within two months of the appointment. (b) The Commissioner or the designee shall provide a written accounting to the Court of Probate within three years from the date of appointment or more frequently if required by the court. (c) The Commissioner or designee is not required to engage in the sale or transfer for value of real property in connection with the duties as conservator. When such sale or transfer is necessary for the proper disposition of the estate, the Commissioner may resign as conservator and request that the Court of Probate appoint a successor conservator with payment to be made from the proceeds of the sale. (d) The Commissioner and the designee shall be exempted from liability for any loss or depreciation of any estate or trust property provided that they have acted in good faith and with reasonable care and diligence. |
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(Effective December 10, 1990) |
| Sec. 45-70g-5. Replacement of commissioner with another suitable conservator |
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During the term of appointment of the Commissioner on Aging, or his or her designee as conservator, if a suitable person, corporation or municipal or state official is found to replace said Commissioner as conservator, such person, corporation, or official may be appointed successor conservator, subject to the approval of the court of probate. |
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(Effective March 17, 1986) |
| Sec. 45-70g-6. Payment for cost of services of conservator received |
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Subject to the approval of the probate court having jurisdiction, the estate of any person for whom the Commissioner has been appointed conservator pursuant to Conn. Gen. Stat. § 45-70g shall be liable for payment for the cost of services as conservator and, to the extent possible, payment to the Commissioner for such services shall be made from the assets of the estate. |
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(Effective March 17, 1986) |
| Sec. 45-70g-7. Payment for services received, other than services of conservator |
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Latest version.
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In accordance with Section 45-75a of the Connecticut General Statutes, the preceding duties, responsibilities and powers shall be carried out within the limitations of the resources available to the ward, either through his own estate or through public or private assistance. |
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(Effective March 17, 1986) |
| Sec. 45-70g-10—45-70g-16. [Transferred] | ||||||||||||||||
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(Effective July 23, 1991) |